61. With respect to the alleged failure of the Province of Salta to keep its commitments given during the friendly settlement procedure, as alleged by the petitioners, the Provincial Attorney notes that: 1) the provincial government made an offer on March 2, 2005, but this was not accepted by the petitioners within the 30 days offered by the Province; 2) the Province of Salta is not a party to the petition before the Commission; 3) the petitioners' allegations do not indicate any concrete or plausible violation of the rights of indigenous peoples enshrined in Article 75.17 of the national Constitution and in the Convention, but show instead that the provincial government is taking the necessary steps to comply, in accordance with the procedure stipulated in Article 15.11 of the provincial Constitution, which requires that solutions involving State lands must be agreed with indigenous and nonindigenous inhabitants. For the Province, the referendum constitutes the mechanism to ensure effective participation of all inhabitants, and moreover it is provided for in Article 6 of ILO Convention 169, which requires governments to "consult the peoples concerned, through appropriate procedures". 62. The national government, in a note dated August 19, 2005, responded to the IACHR's request for information of July 29, 2005 in the context of the precautionary measures requested by the petitioners. In its response, the national State indicates that "without prejudice to the objections that the request for precautionary measures raises from a legal viewpoint, the State understands that the situation in the zone cannot be resolved through compulsion of any kind", since the scenario is so complex that, in the absence of dialogue and consensus among all interested parties, it is impossible to see how a measure such as that requested by the petitioners could produce a solution that would respect the rights of the inhabitants of fiscal lots 55 and 14 in accordance with international standards. With respect to the petitioners' "grievances" over the referendum approved by the provincial legislature, which they call "illegal" and "contrary to international commitments assumed by the federal and provincial State", the national State indicates that both the national Constitution and the Constitution of the Province of Salta recognize motions for amparo as the best remedy for dealing with acts or omissions of the public authorities that affect or threaten, in a clearly arbitrary manner, rights recognized in the Constitution, the laws, and international treaties. 63. With respect to the alleged "passivity" of the national State over the referendum, the State argues that when it was notified of the Province's decision, the Foreign Office declared its profound concern

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos